Timeline | Child-Centered Special Education Process
Introduction This guide was developed by the Statewide Leadership for the Legal Framework Project Team and the Texas Education Agency (TEA) in response to the requirement in Texas Education Code (TEC) § 26.0081. The guide is designed to give you, as the parent of a child who is or may be eligible for special education services, a better understanding of the special education process and of your procedural rights and responsibilities so that you will be able to fully participate in the decision-making process regarding your child’s education. The Individuals with Disabilities Education Act of 2004 (IDEA) is the federal law that governs the special education process. One of the main purposes of IDEA is to ensure that children with disabilities have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. Special education means specially designed instruction to meet the unique needs of a child with a disability. Related services are special services needed to support students’ special education services so they can make progress to meet their academic and functional goals. Related services can include services such as occupational therapy, physical therapy, speech-language therapy, counseling services, orientation and mobility services, and/or transportation services. Under IDEA, parents are given a large level of participation at every stage of the special education process. This guide describes various activities that may take place during that process. To help you further understand your legal rights under IDEA, the school is required to give you a copy of a document called the Notice of Procedural Safeguards at certain times in the special education process. The document must be provided to you at least once a year and when any of the following circumstances occur: • • • • •
upon referral or your request for an initial evaluation of your child; upon receipt of the first state complaint in a school year; upon receipt of the first request for a due process hearing in a school year; on the day a decision is made to make a disciplinary change of placement; and upon your request.
In Texas, a child’s eligibility for special education services and most of the major decisions about a child’s special education program are made by an admission, review, and dismissal (ARD) committee. You may also hear this group referred to as an individualized education program (IEP) team, which is the term used in federal law. If an ARD committee is formed for your child, you will be a member of that committee. This guide will be updated periodically as changes to the federal and state special education requirements occur. An electronic version that is in a printable version may be found on the Region 18 Education Service Center webpage in the Legal Framework for the Child-Centered Special Education Process at http://framework.esc18.net/.
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Table of Contents Introduction ............................................................................................................. i Early Childhood Intervention...................................................................................... 1 Help for the School-Aged Child................................................................................... 1 Response to Intervention .......................................................................................... 1 Referral for an Initial Evaluation ................................................................................. 2 Prior Written Notice .................................................................................................. 2 Parental Consent ..................................................................................................... 2 Initial Evaluation ...................................................................................................... 3 Admission, Review, and Dismissal Committee Meetings ................................................. 4 Eligibility................................................................................................................. 5 Individualized Education Program ............................................................................... 6 Present Levels of Academic Achievement and Functional Performance .............................. 7 Annual Goals ........................................................................................................... 7 Special Education, Related Services, and Supplementary Aids and Services ...................... 7 State Assessments ................................................................................................... 7 Transition ............................................................................................................... 8 Adult Students......................................................................................................... 8 Children with Autism ................................................................................................ 9 Children Who Are Deaf or Hard of Hearing ................................................................... 9 Children Who Are Blind or Visually Impaired ................................................................ 9 Behavioral Intervention Plans .................................................................................... 9 Extended School Year Services................................................................................. 10 Placement ............................................................................................................. 10 ARD Committee Decision......................................................................................... 10 Copy of IEP ........................................................................................................... 11 Review of the Individualized Education Program ......................................................... 11 Reevaluation ......................................................................................................... 12 Independent Educational Evaluation .......................................................................... 12 Revocation of Consent for Services ........................................................................... 13 Graduation ............................................................................................................ 13 Discipline .............................................................................................................. 14 Expedited Due Process Hearing ................................................................................ 16 Dispute Resolution ................................................................................................. 17 Additional Assistance .............................................................................................. 17
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Timeline | Child-Centered Special Education Process
PARENT’S GUIDE TO THE ADMISSION, REVIEW, AND DISMISSAL PROCESS Early Childhood Intervention In addition to providing assistance for school-aged children with disabilities, IDEA provides assistance for infants and toddlers with disabilities and their families through early intervention services. The Texas Department of Assistive and Rehabilitation Services (DARS) is the agency that administers the Early Childhood Intervention (ECI) program that helps children under three years of age who have developmental delays and their families. More information about the DARS can be found at http://www.dars.state.tx.us/ecis/index.shtml. At least 90 calendar days before a toddler receiving ECI services turns three years old, a meeting will be scheduled to help the family transition from ECI services to special education services, if appropriate. Not all children who receive ECI services will qualify for special education services. If the child qualifies, special education services must be made available to the child on his or her third birthday. Beyond ECI is a publication that contains information about the transition from the early childhood program to special education. This publication can be found at http://www.dars.state.tx.us/ecis/publications/EngTransition.pdf. Help for the School-Aged Child If you have concerns about your school-aged child’s learning or behavior, the first step is to talk to your child’s teacher or the school principal about your concerns. If this step is unsuccessful, you should ask school personnel about making a referral to the campus-based student support team, which is a team of teachers, and other personnel who meet regularly to address any learning or behavioral concerns that children are having. Before a child who is experiencing difficulty in the general education classroom is referred for a special education evaluation, the child should be considered for all support services available to all children. These services may include, but are not limited to: tutoring; remedial services; compensatory services; response to scientific, research-based intervention; and other academic or behavior support services. Response to Intervention Federal law directs schools to focus on helping all children learn by addressing problems early. Response to Intervention (RtI) is an approach that many schools use for identifying and helping children who are at risk for not meeting grade-level standards. The basic elements of an RtI approach are: the provision of scientific, research-based instruction and interventions in the general education classroom; monitoring and measurement of the child’s progress in response to the interventions; and use of these measures of progress to make educational decisions. The RtI approach includes a multi-leveled system of interventions in which each level or tier represents an increasingly intense level of services. Interventions provided to a child will be continually adjusted based on progress monitoring until the child is progressing adequately. Children, who do not respond to the initial interventions within a reasonable period of time, as suggested by research, are referred for more intensive interventions.
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A child does not need to advance through each tier of the RtI system before a referral for special education is made. Once it is apparent that general education interventions are not sufficient, school personnel should suspect that the child has a disability and should initiate a referral. Parents can also request a referral at any time regardless of whether the child is receiving interventions through an RtI system. One benefit of an RtI approach is that it enables children to receive help promptly within the general education setting. In addition, an RtI approach may potentially reduce the number of children referred for special education services because it helps to differentiate between children whose achievement problems are due to issues such as a lack of prior instruction from children whose problems are due to a learning disability. More information about the RtI process may be found at http://tea.texas.gov/index2.aspx?id=2147500224. Referral for an Initial Evaluation A school has a duty to make a referral for an initial evaluation for special education services any time it suspects that a child has a disability and a need for special education services under IDEA. You may also initiate a referral for an initial evaluation of your child at any time. If you make a written request to a local educational agency’s director of special education services or to a district administrative employee for an initial evaluation for special education services, the school must, not later than the 15th school day after the date the school receives the request, either give you: 1) prior written notice of its proposal to conduct an evaluation, a copy of the Notice of Procedural Safeguards, and the opportunity to give written consent for the evaluation; or 2) prior written notice of its refusal to evaluate your child and a copy of the Notice of Procedural Safeguards. Prior Written Notice One of your rights under IDEA is to receive prior written notice about certain actions concerning your child before the school actually takes the action. Specifically, a school must give you prior written notice in your native language or other mode of communication when it: •
•
proposes to initiate or change the identification, evaluation, educational program, or educational placement of your child or the provision of a FAPE to your child (including a change prompted by your revocation of consent for the continued provision of special education and related services); or refuses to initiate or change the identification, evaluation, educational program, or educational placement of your child or the provision of a FAPE to your child.
Prior written notice must be given at least five school days in advance of the actions that the school proposes or refuses to take, unless you agree to a shorter timeframe. The school must provide the prior written notice regardless of whether you agreed to or requested the change. Parental Consent There are certain activities in the special education process that cannot take place unless the school obtains your consent. The school must fully inform you of all the information needed to be able to make a good decision, including a description of the proposed activity.
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Timeline | Child-Centered Special Education Process
The information must be in your native language or other mode of communication. If there are records to be released, the school must list the records and to whom they will be released. When you give consent, it means that you understand and agree in writing for the school to carry out the activity for which consent is sought. It is important that you understand that the consent is voluntary and may be revoked at any time before the activity taking place. However, if you revoke consent for an activity, it is not retroactive. The following are examples of activities that require your consent: • • • • •
evaluating your child for the first time; reevaluating your child if more information is needed; providing special education and related services for the first time; excusing an ARD committee member from attending an ARD committee meeting; and inviting a representative of any participating agency that is likely to be responsible for providing or paying for secondary transition services. Initial Evaluation
If you give your consent for an initial evaluation, the school will conduct an evaluation of your child in all areas of suspected disability to determine if your child has a disability and to determine his or her educational needs. The evaluation process for your child must: • • • •
include information about your child’s academic, developmental and functional performance; be administered by trained and knowledgeable personnel; be administered in your child’s native language or other mode of communication; and be unbiased, or given in such a way so as not to discriminate against your child, regardless of his or her cultural background, race, or disability.
The initial evaluation and the resulting report must be completed no later than 45 school days from the day the school receives your written consent, except that if your child has been absent from school during the evaluation period on three or more school days, the evaluation period must be extended by a number of school days equal to the number of school days that your child has been absent. The school must give you a copy of the evaluation report at no cost. If your child is under five years of age by September 1 of the school year and not enrolled in public school, or is enrolled in a private or home school setting regardless of age, the initial evaluation and the resulting report must be completed no later than 45 school days from the day the school receives your written consent. There is an exception to the 45 school day timeline if the school receives your consent for the initial evaluation at least 35 but less than 45 school days before the last instructional day of the school year. In this case, the written report must be completed and provided to you by June 30 of that year. However, if your child is absent from school on three or more days during the evaluation period, the June 30th due date no longer applies. Instead, the general timeline of 45 school days plus extensions for absences of three or more days will apply. If you do not consent to the initial evaluation, the school may, but is not required to, pursue the evaluation by asking for mediation or requesting a due process hearing. If the school
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decides not to pursue the evaluation, the school does not violate the requirement under IDEA to identify, locate, and evaluate all children with disabilities who are in need of special education and related services. This requirement is referred to as the child find duty. Admission, Review, and Dismissal Committee Meetings After the initial evaluation report is completed, an ARD committee must be formed to review the report and determine whether your child is eligible for special education and related services. The ARD committee members include the following: • • • • • • • • • •
you, the parent; at least one regular education teacher of the child; at least one special education teacher or provider of the child; a representative of the school; a person who can interpret the instructional implications of the evaluation results; other individuals who have knowledge or special expertise regarding the child and are invited by either you or the school; whenever appropriate, the child; to the extent appropriate, with your written consent or with the written consent of the adult student, a representative of any participating agency that is likely to be responsible for providing or paying for transition services; a representative from career and technical education, preferably the teacher, if the child is being considered for initial or continued placement in career or technical education; and a professional staff member who is on the language proficiency assessment committee, if the child is identified as an English language learner.
The ARD committee also includes, as applicable: • • •
a teacher who is certified in the education of students with auditory impairments, if the child has a suspected or documented auditory impairment; a teacher who is certified in the education of students with visual impairments, if the child has a suspected or documented visual impairment; or a teacher who is certified in the education of students with visual impairments and a teacher who is certified in the education of students with auditory impairments, if the child has suspected or documented deaf-blindness.
The school must invite you to each ARD committee meeting for your child and make efforts to ensure one or both parents’ participation. Written notice of the meeting must be given to you at least five school days before the meeting, unless you agree to a shorter timeframe. The written notice must include the purpose, time, location of the meeting, and a list of who will be attending the meeting. If you are unable to speak English, the school must provide the notice in your native language, unless it is clearly not feasible to do so. If your native language is not a written language, the school must take steps to ensure that the notice is translated orally or by other means so that you understand the notice. The ARD committee meeting must be at a time and place agreeable to you and the school. If the time or date the school proposes is not convenient for you, the school must make reasonable efforts to find a time that you are able to meet. If neither parent can attend the meeting, you may participate through alternative means such as through telephone or videoconferencing. If the school is unable to convince you to attend, then the school can conduct the meeting without you.
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Timeline | Child-Centered Special Education Process
An ARD committee member may be excused from attending part or all of an ARD committee meeting when the person’s attendance is not necessary because the person’s area of the curriculum or related service is not being modified or discussed in the meeting. You must agree in writing to the excusal. A member of the ARD committee may also be excused from attending an ARD committee meeting when the meeting involves a modification to, or discussion of, the member’s area of curriculum or related service if you and the school consent to the excusal in writing and the person being excused submits written input into the development of the IEP before the meeting. Eligibility There is a two-part test for determining whether your child is eligible for special education and related services: (1) your child must have a disability; and (2) as a result of the disability, your child must need special education and related services to benefit from education. To meet the first part of the two-part test for eligibility, a child between the ages of 3 through 21, except as noted, must meet the criteria for one or more of the disability categories listed below: • • • • • • • • • • • • •
auditory impairment (from birth); autism; deaf-blindness (from birth); emotional disturbance; intellectual disability; multiple disabilities; noncategorical early childhood (ages three through five); orthopedic impairment; other health impairment; specific learning disability; speech or language impairment; traumatic brain injury; or visual impairment (including blindness from birth).
The ARD committee must make the eligibility determination within 30 calendar days from the date of completion of the initial evaluation report. If the 30th day falls during the summer and school is not in session, the ARD committee has until the first day of classes in the fall to finalize decisions concerning the initial eligibility determination, the IEP, and placement; unless the initial evaluation indicates that the child will need extended school year (ESY) services during that summer. If, however, the school received your consent for an initial evaluation at least 35 but less than 45 school days before the last instructional day of the school year and your child was not absent three or more days between the time you provided consent and the last instructional day (i.e., the conditions are met for receiving the evaluation report by June 30th), the ARD committee must meet not later than the 15th school day of the next school year to consider the evaluation report, unless the evaluation indicates that your child will need ESY services during that summer. If the evaluation indicates that your child needs summer ESY services, the ARD committee must meet as expeditiously as possible to consider the child’s evaluation. Not all struggling learners are eligible for special education services. If your child’s problems are primarily from a lack of appropriate instruction in reading or math or due to the fact that Parent’s Guide to the Admission, Review, and Dismissal Process April 2016
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your child has limited English proficiency, your child is not eligible for special education services. If the evaluation reflects that your child does not have a disability, the campusbased support team may meet and recommend other services or programs in general education to help your child. If the evaluation shows that your child has a disability, the ARD committee must then address the second part of the two-part eligibility test by deciding whether your child needs special education and related services to benefit from education. If your child does not have an educational need for special education services, he or she is not eligible for any such services. Individualized Education Program If your child qualifies for special education services, the school is required to provide a FAPE in the least restrictive environment. This is accomplished through the ARD committee’s development of an IEP and the school’s implementation of the IEP. Before the school can provide any initial special education and related services; however, it must obtain your consent for services. The school must make reasonable efforts to obtain your consent for the initial provision of services. If you do not consent to the initial provision of services, the school may not ask for mediation or request a due process hearing to override your refusal to consent to services. No special education and related services will be provided if you refuse consent. The major components of the IEP include: • • • • • •
your child’s present levels of academic achievement and functional performance (PLAAFP); annual goals; a description of the special education, related services, and supplementary aids and services that will be provided; information regarding how your child will participate in state and districtwide assessments; transition services, when age-appropriate; and other areas that must be addressed for children with certain disabilities, needs, or circumstances.
The TEA has developed a model form that may be found at http://tea.texas.gov/index2.aspx?id=2147504486. Your child’s school may use this model form or may use another form. In developing the IEP, there are several things the ARD committee must consider, including: • • • •
the strengths of your child; your concerns for enhancing the education of your child; the results of the most recent evaluation of your child; and the academic, developmental, and functional needs of your child.
In addition, the ARD committee must address special factors for some children, as follows: • •
consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior when a child’s behavior impedes learning; consider the language needs of the child as those needs relate to the child’s IEP when the child qualifies as a child with limited English proficiency;
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Timeline | Child-Centered Special Education Process
• •
•
provide for instruction in braille and the use of braille, unless the committee determines that instruction in braille or the use of braille is not appropriate for the child when the child is blind or visually impaired; consider the communication needs of the child, and for the child who is deaf or hard of hearing, consider the child’s language and communication needs, opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and consider whether the child needs assistive technology devices and services. Present Levels of Academic Achievement and Functional Performance
The IEP must contain a statement of your child’s PLAAFP. This statement must include how the disability affects involvement and progress in the general curriculum. If your child is a preschool child, the statement must explain how the disability affects participation in ageappropriate activities. Annual Goals The IEP must contain measurable annual goals designed to meet your child’s needs resulting from the disability so that he or she can be involved and progress in the general curriculum. These goals must also address other educational needs that result from your child’s disability. The IEP must describe how your child’s progress toward the annual goals will be measured as well as when the progress reports will be provided to you. Special Education, Related Services, and Supplementary Aids and Services The ARD committee decides what services are needed to: • • •
enable the child to advance appropriately toward attaining the annual goals; be involved and make progress in the general curriculum (including participation in extracurricular and nonacademic activities); and be educated and participate with children without disabilities.
The IEP must include a statement of needed special education, related services, and supplementary aids and services to be provided to your child or on behalf of your child. These services must be based on peer-reviewed research to the extent practicable. Additionally, the IEP must contain a statement of any needed program modifications and supports for school personnel that will be provided. The IEP must also include the projected date for the beginning of the services and modifications and the anticipated frequency, location, and duration of the services and modifications. State Assessments Under federal law, state assessments must be given to all children to determine whether schools have been successful in teaching children the state academic content standards. In Texas, the academic content standards are known as the Texas Essential Knowledge and Skills which can be found on the TEA website at http://tea.texas.gov/index2.aspx?id=6148. Children who receive special education services will take the appropriate state assessments which are based on grade-level content.
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If the ARD committee determines that accommodations are necessary for your child to participate in assessments, the IEP must contain a statement of the appropriate accommodations. Accommodation information is available at http://tea.texas.gov/student.assessment/accommodations/. If the ARD committee determines that your child must take an alternate assessment instead of a particular state or districtwide assessment, statements must be provided regarding why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child. In addition, your child’s IEP must contain a description of benchmarks or short-term objectives as part of the child’s annual goals. If your child does not perform satisfactorily on a state assessment, the ARD committee must address the manner in which the child will participate in an accelerated instruction program or intensive program of instruction. Transition IDEA and state law require that IEPs for older students address transition services. The age at which transition planning must begin; however, differs under federal and state law. Transition services are a coordinated set of activities designed to help the child move from school to post-school activities. State transition planning must begin by age 14 (e.g., appropriate student and parent involvement in the student’s transition to life outside the public school system, postsecondary education options, functional vocational evaluation, employment goals and objectives, independent living goals and objectives, and appropriate circumstances for referring your child or you to a governmental agency for services). Federal law requires that beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the ARD committee, the IEP must include appropriate measurable post-secondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills. The IEP must include transition services needed to assist the child in reaching those goals. Your child must be invited to the ARD committee meeting when transition services will be discussed. Additionally, to the extent appropriate, with your written consent or with the written consent of the student who is an adult, the school must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services. Adult Students At least a year before your child reaches the age of majority (age 18 under Texas law), the IEP must include a statement that your child has been informed of his or her rights under IDEA, if any, that will transfer to him or her on reaching the age of majority. Unless your child is determined to be incompetent under state law and you are appointed by a court as the legal guardian, your rights under IDEA will transfer to your adult child at age 18 except that all notices required by IDEA must be given to both you and your adult child. However, these notices are not an invitation for you to attend meetings. You may only attend meetings if your adult child invites you or gives the school permission to invite you.
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Children with Autism For a child with autism, there are 11 strategies that must be considered, based on peerreviewed, research-based educational practices to the extent practicable. When needed, these strategies must be addressed in the IEP. When not needed, the IEP must include a statement to that effect and the basis upon which the determination was made. The additional strategies the ARD committee must consider are: • • • • • • • • • • •
extended educational programming; daily schedules reflecting minimal unstructured time; in-home and community-based training, or viable alternatives; positive behavior support strategies; futures planning; parent/family training, and support; suitable staff-to-child ratio appropriate to identified activities; communication interventions; social skills supports and strategies; professional educator/staff support; and teaching strategies based on peer-reviewed, research-based practices. Children Who Are Deaf or Hard of Hearing
For a child who is deaf or hard of hearing, the ARD committee must consider the child's: • • • •
language and communication needs; opportunities for direct communications with peers and professional personnel in the child's language and communication mode; academic level; and the child's full range of needs, including opportunities for direct instruction in the child's language and communication mode. Children Who Are Blind or Visually Impaired
For a child who is blind or visually impaired, the ARD committee must consider the child's need for: • • • • • • • • • •
reading and writing instruction in braille and the use of braille; compensatory skills, such as braille and concept development, and other skills needed to access the rest of the curriculum; orientation and mobility instruction; social interaction skills; career planning; assistive technology, including optical devices; independent living skills; recreation and leisure enjoyment; self-determination; and sensory efficiency. Behavioral Intervention Plans
If the ARD committee determines that a behavior improvement plan or a behavioral intervention plan (BIP) is appropriate for your child, that plan must be included as part of your child’s IEP and provided to each teacher with responsibility for educating your child.
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Extended School Year Services The ARD committee must consider whether your child qualifies for ESY services. Your child qualifies for ESY services if, in one or more critical areas addressed in your child’s current IEP, your child has exhibited, or reasonably may be expected to exhibit, severe or substantial regression that cannot be regained within a reasonable period of time. The term severe or substantial regression means that the child has been, or will be, unable to maintain one or more acquired critical skills in the absence of ESY services. If the ARD committee determines that your child is in need of ESY services, then the IEP must identify which of the goals and objectives in the IEP will be addressed during ESY services. If your school does not propose to discuss ESY services at your child’s annual ARD committee meeting, you may request that your child’s ARD committee discuss eligibility for ESY services. Information about ESY services is available at http://tea.texas.gov/Curriculum_and_Instructional_Programs/Special_Education/Programs_ and_Services/Extended_School_Year_Services_for_Students_with_Disabilities/. Placement IDEA requires that a child with a disability be educated in the least restrictive environment. This means that your child must be educated with children who do not have disabilities to the maximum extent appropriate. Removal of your child from the regular educational environment may only occur if the nature or severity of his or her disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with children without disabilities to the maximum extent appropriate. A core part of the special education process involves determining the appropriate educational placement for implementing a child’s IEP. Placement refers to the points along the continuum of placement options (i.e., regular classes, special classes, special schools, homebound instruction, instruction in hospitals and institutions) available for a child with a disability. Placement does not refer to the specific physical location or site where the services will be delivered. The ARD committee determines the educational placement based on the child’s IEP. ARD Committee Decision A decision of the ARD committee concerning the required elements of the IEP must be made by mutual agreement of the members if possible. This mutual agreement is called consensus. The ARD committee should work toward consensus, but the school has the ultimate responsibility to ensure that the IEP includes the services that your child needs in order to receive a FAPE. It is not appropriate to make ARD committee decisions based upon a majority vote. If you disagree with the decisions of the ARD committee, you will be offered a single opportunity to have the committee recess for a period of time not to exceed 10 school days unless you and the school mutually agree otherwise. If you accept the offer to recess and reconvene, the ARD committee must schedule the reconvened meeting at a mutually-
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agreed-upon time and place. However, if your child’s presence on the campus presents a danger of physical harm to your child or others, or if your child has committed an expellable offense or an offense which may lead to a placement in a disciplinary alternative education program, the ARD committee does not have to recess even if you disagree with the decisions of the ARD committee. During a recess, the members must consider alternatives, gather additional information, prepare further documentation, and/or obtain additional resource persons who may assist in enabling the ARD committee to reach mutual agreement. If the ARD committee meets again and you continue to disagree, unless the disagreement involves the initial provision of services for which consent is required, the school must implement the IEP that the school has decided is appropriate for your child. When mutual agreement is not reached, a written statement of the basis for the disagreement must be included in the IEP. If you disagree with an ARD committee decision, you must be offered the opportunity to write your own statement of disagreement. The school must provide you with prior written notice at least five school days before implementation of the IEP, unless you agree to a shorter timeframe. The ARD committee may also choose to recess for reasons other than failure to reach agreement about all required elements of the IEP. Copy of IEP The school must give you a copy of your child’s IEP at no cost. If you are unable to speak English and your native language is Spanish, the school must provide a written copy or audio recording of your child’s IEP translated into Spanish. If you are unable to speak English and your native language is not Spanish, the school must make a good faith effort to provide a written copy or audio recording of your child’s IEP translated into your native language. If you are unable to speak English and your native language is not a written language, the school must take steps to ensure that your child’s IEP is translated orally or by other means into your native language. A written translation means that all of the text in your child’s IEP is translated in written form. The school can provide you with an audio recording of the ARD committee meeting if you were assisted by an interpreter or a translation of the meeting, as long as all content in your child’s IEP is orally translated and recorded. Review of the Individualized Education Program The ARD committee must meet at least once a year to review your child’s IEP and determine whether the annual goals are being met. The ARD committee may meet more often than annually to revise your child’s IEP, as appropriate, to address: • • • • •
any lack of expected progress toward the annual goals and in the general curriculum; the results of any reevaluation; information about the child provided to, or by, the parents; anticipated needs of the child; or other matters.
You may request an ARD committee meeting to discuss educational concerns about your child. The school must either grant your request to have a meeting or, within five school days, provide you with written notice explaining why the school refuses to convene a meeting. If you are unable to speak English, the school must provide the notice in your
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native language, unless it is clearly not feasible to do so. If your native language is not a written language, the school must take steps to ensure that the notice is translated orally or by other means so that you understand the notice. You and the school may agree to make changes to the IEP without holding an ARD committee meeting. However, changes to eligibility determination, changes in placement, and manifestation determinations must be made in an ARD committee meeting. If an IEP is changed outside of an ARD committee meeting, there must be a written document reflecting the agreed upon changes. Upon request, the school must provide you with a copy of the revised IEP with the amendments incorporated. Additionally, the school must ensure that the child’s ARD committee is informed of those changes. Reevaluation Once your child begins receiving special education and related services, periodic reevaluations are required. The school must make reasonable efforts to obtain your consent for a reevaluation. If you fail to respond despite reasonable efforts, the school may conduct a reevaluation without your consent. If you refuse consent for reevaluation of your child, the school may, but is not required to, ask for mediation or request a due process hearing to override your lack of consent for reevaluation. The school does not violate its child find duty or its obligation to evaluate your child if the school does not seek to override your refusal to consent to the reevaluation. A reevaluation is similar to the initial evaluation. The reevaluation must be comprehensive enough to determine whether your child continues to be a child with a disability and needs special education services. Unless you and the school agree otherwise, a reevaluation of your child’s needs must be done at least every three years. No more than one reevaluation may occur within a year unless you and the school agree. A review of existing evaluation data (REED) must take place as part of an initial evaluation, if appropriate, and as part of any reevaluation of a child under IDEA. A school is not required to obtain your consent to review existing evaluation data. The REED must be conducted by the ARD committee, including you, but it does not have to take place in a meeting. The members must review existing evaluation data about your child, including information you provide, to determine the scope of the evaluation or reevaluation. If your child has already been receiving special education and related services, the ARD committee decides what additional evaluation, if any, is needed to determine whether additions or modifications will be made to your child’s special education and related services. If the ARD committee decides that additional evaluation is not needed to determine whether your child continues to need special education services, the reasons for this decision must be explained to you. After explaining the reasons why the ARD committee has concluded that existing evaluation data are sufficient, the school does not have to conduct a new evaluation to complete a required reevaluation unless you request that the school do so. Independent Educational Evaluation If you disagree with an evaluation or reevaluation by the school, you may request an independent educational evaluation (IEE) at school expense. The school must give you information about where an IEE may be obtained and must give you a copy of the school’s criteria for obtaining an IEE. The IEE must meet school criteria.
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Timeline | Child-Centered Special Education Process
If you request an IEE, the school must either pay for the IEE or request a due process hearing to show that its evaluation is appropriate. You are entitled to only one IEE at public expense each time the school conducts an evaluation. If the school requests a hearing and the hearing officer decides that the school’s evaluation is appropriate, you still have the right to an IEE, but not at the school’s expense. Information obtained from an IEE that meets school criteria must be considered by the ARD committee with respect to the provision of a FAPE regardless of whether the school pays for the IEE. Revocation of Consent for Services Just as you have the authority to consent to the initial provision of special education and related services, you have the authority to revoke your consent for services. Your revocation of consent must be in writing. Once the school receives your written revocation, it must honor your decision. However, before the school discontinues services, it must provide you with prior written notice that services will stop. Although the school must discontinue services, the school is not required to amend your child’s education records to remove any references to your child’s previous special education and related services in the past. If you revoke your consent for the continued provision of special education and related services, your child will be considered a general education student and will not be entitled to any of the protections under IDEA. Furthermore, if you revoke your consent for services, the school may not request mediation or a due process hearing in an attempt to change or challenge your decision. Graduation One of the objectives of the public education system in Texas is that all students will remain in school until they obtain a high school diploma. Students must meet certain standards in order to graduate with a regular high school diploma. For a child who receives special education services, the school must follow certain procedures when preparing to graduate a student or terminating the student’s special education services because the student no longer meets the age eligibility requirements. In addition, the ARD committee plays an important role in some of the decisions related to graduation. Under IDEA, special education services must be available to an eligible child or adult student until he or she graduates with a regular high school diploma or exceeds the age eligibility requirements for special education under state law, which is age 21 in Texas. An adult student receiving special education services who is 21 years of age on September 1 of a school year is eligible for services through the end of that school year or until graduating and being awarded a regular high school diploma by meeting the curriculum standards and credit requirements applicable students in general education, whichever comes first. When your child’s or adult student’s eligibility for special education is terminating due to graduation with a regular high school diploma or due to exceeding the age eligibility for special education services, the school must give you prior written notice of the termination of services. Furthermore, the school must give the child or adult student a summary of his or her academic achievement and functional performance. A child or adult student who receives special education services may graduate and be awarded a regular high school diploma by meeting the same curriculum standards and credit requirements applicable to students in general education under one of the four
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graduation programs (i.e. Foundation High School Program, Recommended High School Program, Distinguished Achievement High School Program, or Minimum High School Program), as well as passing the required state assessments. While it is permissible for a child or adult student to graduate under the Foundation High School Program or the Minimum High School program without passing the required state assessments, provided the ARD committee determines that passing the assessments is not required for graduation, a child or adult student cannot graduate under the Recommended High School Program or the Distinguished Achievement High School Program without having passed the state assessments. A child or adult student who receives special education services may also graduate and be awarded a regular high school diploma by demonstrating mastery of the required curriculum standards through one or more courses with modified content aligned to the standards required under the Foundation High School Program or the Minimum High School Program, as well as completing the credit requirements under the applicable graduation program. In addition, the child or adult student must pass the required state assessments, unless the ARD committee determines that passing the assessments is not required for graduation. A child or adult student graduating in this manner must also successfully complete his or her IEP and meet at least one of four conditions outlined in TEA rule. The school must provide an evaluation as part of the summary of academic achievement and functional performance to a child or adult student graduating in this manner, unless the child no longer meets age eligibility requirements for special education services. A child or adult student who graduates but is under age 22 may, under some circumstances, be able to return to school and receive services through the end of the school year in which he or she reaches age 22. If your child seeks to return after having graduated, the ARD committee must determine the needed educational services. Discipline There are special rules that apply to disciplinary actions taken against a child with a disability than apply to actions taken against nondisabled students. Generally, a child with a disability cannot be removed from his or her current educational placement for more than 10 consecutive school days if the misconduct was related to his or her disability. In addition, certain disciplinary situations that arise with regard to a student with a disability trigger a requirement to hold an ARD committee meeting. Short-Term Removals School officials may remove your child from his or her current educational placement if your child violates the code of student conduct. This removal can be to an appropriate interim alternative educational setting (IAES), another setting, or suspension for not more than 10 consecutive school days (to the extent that the disciplinary measure is applied to children without disabilities); and, for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change in placement). This is often referred to as the 10-day rule. Disciplinary removals for 10 consecutive school days or less do not trigger the requirement to hold an ARD committee meeting. The school is only required to provide services to your child during a short-term removal if it provides services to a child without a disability who is similarly removed.
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Timeline | Child-Centered Special Education Process
Cumulative Removals Totaling 10 Days or More School officials may order additional short-term removals in the same school year for separate incidents of misconduct, provided that these removals do not constitute a change of placement. After your child has been removed for 10 cumulative school days in the same school year, if the current removal is not for more than 10 consecutive school days and is not a change of placement, the school must provide services so as to enable your child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in your child’s IEP. School personnel must consult with at least one of your child’s teachers to decide which services are needed. Change of Placement A removal of a child with a disability from his or her current educational placement is a change of placement if the removal is for more than 10 consecutive school days or the child has had a series of removals that constitute a pattern. A pattern of removals occurs when: • • •
the removals total more than 10 school days in a school year; the child’s behavior is largely similar to the child’s behavior in past incidents that resulted in the series of removals; and other factors like the length of the removals, the total amount of time the child has been removed, and the proximity of the removals to one another.
The school will determine on a case-by-case basis whether a pattern of removals amounts to a change of placement. You may challenge the school’s decision about this through a due process hearing or judicial proceeding. If the school proposes a removal that will constitute a change of placement, school officials must notify you of that decision and provide you with a copy of the Notice of Procedural Safeguards. This must be done on the date on which the decision is made to change the child’s placement. In addition, the school must hold an ARD committee meeting to conduct what is called a manifestation determination. Manifestation Determination When conducting a manifestation determination, the ARD committee must review all relevant information in your child’s file, including the IEP, any teacher observations, and any relevant information provided by you to determine: • •
if the conduct in question caused by, or had a direct and substantial relationship to, your child’s disability; or if the conduct in question w a s the direct result of the school’s failure to implement the IEP.
If the ARD committee determines that either of these conditions is met, then the conduct is a manifestation of the child’s disability. If the ARD committee determines that neither condition is met, then the conduct is not a manifestation of the child’s disability. When Conduct is a Manifestation If the conduct is a manifestation of your child’s disability, the ARD committee must either:
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• •
conduct a functional behavioral assessment (FBA), unless the school had conducted an FBA before the behavior that resulted in the change of placement occurred, and implement a BIP; or if a BIP is already in place, review the BIP and modify it as necessary to address the behavior.
In addition, the ARD committee must return your child to the placement from which your child was removed unless: • •
you and the school agree to a change of placement as part of the modification of your child’s BIP; or your child’s violation of the code of student conduct involves one of the special circumstances described below.
If the ARD committee concludes that your child’s conduct was caused by the school’s failure to implement the IEP, the school must take immediate steps to remedy the deficiencies. When Conduct is Not a Manifestation If the conduct was not a manifestation of your child’s disability, school personnel may discipline your child in the same manner as other children, except appropriate educational services must continue. The child’s ARD committee will determine the IAES in which the child will be served. Special Circumstances School personnel may remove your child to an IAES for up to 45 school days without regard to whether the behavior is a manifestation of his or her disability in cases where your child: • • •
carries or possesses a weapon at school, on school premises, or at a school function; knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function; or has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.
The ARD committee will determine the IAES in which the child will be served. Protections for Children Not Yet Determined Eligible If your child has not been determined to be eligible for special education and related services but has engaged in behavior that violated a code of student conduct, your child is entitled to the procedural protections in IDEA if the school had knowledge that your child was a child with a disability before the behavior occurred. Additional information about this topic is found in the Notice of Procedural Safeguards. Expedited Due Process Hearing If you disagree with a decision regarding placement in an IAES or manifestation determination, you may request an expedited due process hearing. The school may also request a due process hearing if the school wants to challenge your child’s return to school after the ARD committee has determined that his or her conduct was a manifestation of his or her disability.
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Timeline | Child-Centered Special Education Process
Dispute Resolution From time to time, disputes may arise relating to the identification, evaluation, educational placement, or the provision of a FAPE to your child with a disability. If disagreements arise, you are strongly encouraged to work with school personnel to resolve differences as they occur. You may ask the school about what dispute resolution options it offers for parents. The TEA offers four formal options for resolving special education disagreements: state IEP facilitation, mediation services, the special education complaint resolution process, and the due process hearing program. Information about TEA’s dispute resolution options may be found in the Notice of Procedural Safeguards and on TEA’s website at http://tea.texas.gov/About_TEA/Legal_Services/Special_Education/Office_of_Legal_Services, _Special_Education_General_Information. Additional Assistance For a complete listing of the definitions of acronyms found in this document, visit http://framework.esc18.net/display/Webforms/ESC-FW-Glossary.aspx?DT=G&LID=en. Copies of the Notice of Procedural Safeguards are available in English and Spanish at the following site http://framework.esc18.net/ or you may request a copy from the school counselor or the school’s special education department.
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